Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Mozambique (Ratification: 1977)

Article 1(a) and (b) of the Convention. Compulsory labour for persons identified as “unproductive” or “anti-social”. The Committee previously noted the Government’s indication that the Ministerial Directive of 15 June 1985 on the evacuation of towns, under which persons identified as “unproductive” or “anti social” may be arrested and sent to re-education centres or assigned to productive sectors, had become obsolete. It notes the Government’s indication in its latest report that this directive was due to be repealed in conjunction with the revision of the Penal Code. The Committee recalls that, under the terms of Article 1(a) and (b) of the Convention, States which ratify the Convention undertake to not make use of any form of forced or compulsory labour as a means of political coercion or education or as a method of mobilizing and using labour for purposes of economic development. In view of the fact that the Government has been indicating for several years that the abovementioned re-education centres no longer exist, the Committee requests the Government to take the necessary steps, in the context of the reform of the penal legislation, to formally repeal the Ministerial Directive of 15 June 1985 on the evacuation of towns, so as to bring the legislation into conformity with the Convention and the indicated practice and thereby ensure legal certainty.

Article 1(b) and (c). Imposition of prison sentences involving an obligation to work for the purposes of economic development and as a means of labour discipline. For many years, the Committee has been emphasizing the need to amend or repeal certain provisions of Act No. 5/82 of 9 June 1989 concerning the defence of the economy. This Act provides for the punishment of conduct which, directly or indirectly, jeopardizes economic development, prevents the implementation of the State National Plan or is detrimental to the material or spiritual well-being of the population. Sections 10, 12, 13 and 14 of the Act prescribe prison sentences involving compulsory labour in repeated cases of failure to fulfil the economic obligations set forth in instructions, directives, procedures, etc., governing the preparation or implementation of the State National Plan. Section 7 of the Act penalizes unintentional conduct (such as negligence, the lack of a sense of responsibility, etc.) resulting in the infringement of managerial or disciplinary standards.

The Government previously indicated that Act No. 5/82 concerning the defence of the economy and Act No. 9/87 amending it were repealed by the Assembly of the Republic on 21 March 2007. The Committee noted, however, that on 20 June 2007 the Constitutional Council declared the law adopted by the Assembly repealing Acts Nos 5/82 and 9/87 to be unconstitutional, considering that the blanket repeal of these Acts would have the effect of no longer criminalizing or punishing certain conducts that jeopardize economic development which are not punishable by other legislative texts, thereby leaving a legal vacuum. Noting that the Government has not supplied any information in its latest report on the current status of Act No. 5/82 concerning the defence of the economy and Act No. 9/87 amending it, the Committee invites the Government to pursue its efforts to decriminalize the conducts and breaches provided for in the abovementioned provisions of Act No. 9/82 and Act No. 9/87 and to take the necessary steps, in the context of the reform of the penal legislation, to repeal the provisions of Act No. 5/82, as amended by Act No. 9/87, which are contrary to the Convention.

Article 1(d). Penalties imposed for participation in strikes. In its previous comments the Committee noted that, under section 268(3) of the Labour Act (Act No. 23/2007), striking workers who violate the provisions of section 202(1) and section 209(1) (obligation to ensure a minimum service) face disciplinary penalties and may incur criminal liability, in accordance with the general legislation. The Committee asked the Government to indicate the nature of the penalties that may be imposed on striking workers in cases where they incur criminal liability and the provisions of the general legislation applicable in this regard.

The Committee notes the Government’s indication in its 2011 report that the relevant information has not yet been received from the competent authorities and that it will be sent as soon as possible. The Committee recalls in this regard that, according to Article 1(d) of the Convention, persons who participate peacefully in a strike cannot be liable to imprisonment involving compulsory labour. The Committee therefore once again requests the Government to indicate the nature of the penalties that may be imposed on striking workers in cases where they incur criminal liability pursuant to the provisions of section 268(3) of the Labour Act. Referring also to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee requests the Government to take the necessary steps to ensure that no prison sentences involving compulsory labour are imposed on workers who participate peacefully in a strike.

The Committee is raising other points in a request addressed directly to the Government.